What Should I Do If I'm Arrested?

Under the Fifth Amendment, a person has the right to remain silent and to have an attorney present during any questioning by law enforcement.

What to do: Politely but clearly state: “I am invoking my right to remain silent and would like to speak with an attorney before we continue this discussion.”

Avoid: Explaining what happened, guessing answers, trying to talk your way out of the arrest, or using ambiguous phrases such as “Do you think I need a lawyer?” or “Am I in trouble?” These responses only invite further questioning.

A defense attorney protects your rights and helps navigate the legal process. Request an attorney before answering any questions. If you cannot afford one, the court can appoint a public defender.

Attorneys understand local court procedures and available defenses, and can prevent costly mistakes during questioning or investigations.

Many people accidentally damage their case by talking about it — even with people they trust. Do not discuss the details of your case with friends, family, co-workers, other inmates, or the alleged victim.

Prosecutors and investigators regularly review social media accounts. Avoid posting comments about the incident, photos related to the situation, or messages about drinking, drugs, or weapons. Even private messages or deleted posts may still be recovered and used as evidence.

After being arrested, a judge may set bond conditions. Violating these conditions may result in bond revocation, returning to jail, or additional criminal charges. Know your conditions and follow them exactly.

Missing court appearances can cause serious problems, including a warrant for your arrest and additional charges. Keep careful track of all court dates, deadlines, and required appearances.

Any evidence helpful to your defense should be saved and given to your attorney. This includes text messages, phone records, receipts, surveillance footage, photos, and witness contact information. Do not attempt to handle or present this evidence yourself.

Even if the person involved reaches out to you, making contact may violate court orders and result in additional charges. This is especially critical in domestic violence, assault, and sexual offense cases.

Getting arrested again while a case is pending significantly weakens your position. New charges can damage plea negotiations, affect bond status, and increase potential penalties.

A criminal defense attorney will guide key decisions throughout your case, including whether to speak to investigators, whether to accept a plea offer, and how to prepare for trial. Each case is different — follow the advice specific to your situation.